Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Proposed 2021-2026 Fishing Quotas, 9901-9904 [2021-02984]
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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Proposed Rules
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. Amend subpart HH by adding
§ 64.6308 to read as follows:
■
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§ 64.6308 Review of Governance Authority
decision to revoke an SPC token.
(a) Parties permitted to seek review of
Governance Authority decision. (1) Any
intermediate provider or voice service
provider aggrieved by a Governance
Authority decision to revoke that
intermediate provider or voice service
provider’s Service Provider Code (SPC)
token, must seek review from the
Governance Authority and complete the
appeals process established by the
Governance Authority prior to seeking
Commission review.
(2) Any intermediate provider or
voice service provider aggrieved by an
action to revoke its SPC token taken by
the Governance Authority, after
exhausting the appeals process provided
by the Governance Authority, may then
seek review from the Commission, as set
forth in this section.
(b) Filing deadlines. (1) An
intermediate provider or voice service
provider requesting Commission review
of a Governance Authority decision to
revoke that intermediate provider or
voice service provider’s SPC token by
the Commission, shall file such a
request electronically in the designated
Electronic Comment Filing System
(ECFS) inbox within sixty days from the
date the Governance Authority issues its
final decision.
(2) Parties shall adhere to the time
periods for filing oppositions and
replies set forth in § 1.45.
(c) Filing requirements. (1) A request
for review of a Governance Authority
decision to revoke an intermediate
provider or voice service provider’s SPC
token by the Commission shall be filed
electronically in the designated ECFS
inbox. The request for review shall be
captioned ‘‘In the matter of Request for
Review by (name of party seeking
review) of Decision of the Governance
Authority to Revoke an SPC Token.’’
(2) A request for review shall contain:
(i) A statement setting forth the
intermediate provider or voice service
provider’s asserted basis for appealing
the Governance Authority’s decision to
revoke the SPC token;
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(ii) A full statement of relevant,
material facts with supporting affidavits
and documentation, including any
background information the
intermediate provider or voice service
provider deems useful to the
Commission’s review; and
(iii) The question presented for
review, with reference, where
appropriate, to any underlying
Commission rule or Governance
Authority policy.
(3) A copy of a request for review that
is submitted to the Commission shall be
served on the Governance Authority via
sti-ga@atis.org or in accordance with
any alternative delivery mechanism the
Governance Authority may establish in
its operating procedures.
(d) Review by the Wireline
Competition Bureau or the Commission.
(1) Requests for review of a Governance
Authority decision to revoke an
intermediate provider or voice service
provider’s SPC token that are submitted
to the Commission shall be considered
and acted upon by the Wireline
Competition Bureau, which shall issue
a written decision; provided, however,
that requests for review that raise novel
questions of fact, law, or policy shall be
considered by the full Commission.
(2) An affected party may seek review
of a decision issued under delegated
authority by the Wireline Competition
Bureau pursuant to the rules set forth in
§ 1.115.
(e) Standard of review. (1) The
Wireline Competition Bureau shall
conduct de novo review of Governance
Authority decisions to revoke an
intermediate provider or voice service
provider’s SPC token.
(2) The Commission shall conduct de
novo review of Governance Authority
decisions to revoke an intermediate
provider or voice service provider’s SPC
token that involve novel questions of
fact, law, or policy; provided, however,
that the Commission shall not conduct
de novo review of decisions issued by
the Wireline Competition Bureau under
delegated authority.
(f) Status during pendency of a
request for review and a Governance
Authority decision. (1) When an
intermediate provider or voice service
provider has sought timely Commission
review of a Governance Authority
decision to revoke an intermediate
provider or voice service provider’s SPC
token under this section, the
intermediate provider or voice service
provider shall not be considered to be
in violation of the Commission’s call
authentication rules under § 64.6301
until and unless the Wireline
Competition Bureau or the Commission,
pursuant to paragraph (d)(1) of this
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9901
section, has upheld or otherwise
decided not to overturn the Governance
Authority’s decision.
(2) In accordance with §§ 1.102(b) and
1.106(n), the effective date of any action
pursuant to paragraph (d) of this section
shall not be stayed absent order by the
Wireline Competition Bureau or the
Commission.
[FR Doc. 2021–03043 Filed 2–16–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210208–0016; RTID 0648–
XX065]
Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean
Quahog Fisheries; Proposed 2021–
2026 Fishing Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes status quo
commercial quotas for the Atlantic
surfclam and ocean quahog fisheries for
2021 and projected status quo quotas for
2022–2026. This action is necessary to
establish allowable harvest levels of
Atlantic surfclams and ocean quahogs
that will prevent overfishing and allow
harvesting of optimum yield. This
action would also continue to suspend
the minimum shell size for Atlantic
surfclams for the 2021 fishing year. The
intended effect of this action is to
provide benefit to the industry from
stable quotas to maintain a consistent
market.
SUMMARY:
Comments must be received by
March 4, 2021.
ADDRESSES: An Environmental
Assessment (EA) was prepared for the
surfclam and ocean quahog
specifications. Copies of the EA are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org.
You may submit comments on this
document, identified by NOAA–NMFS–
2020–0152, by the following method:
DATES:
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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Proposed Rules
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200152,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). If you are unable to
submit your comment through
www.regulations.gov, contact Laura
Hansen, Fishery Management Specialist.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, 978–281–9225.
SUPPLEMENTARY INFORMATION: The
Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP)
requires that NMFS, in consultation
with the Mid-Atlantic Fishery
Management Council, set quotas for
surfclam and ocean quahog for up to a
3-year period. It is the policy of the
Council that the catch limit allow for
sustainable fishing to continue at that
level for at least 10 years for surfclams,
and 30 years for ocean quahogs. The
Council policy also considers the
economic impact of the quotas.
Regulations implementing Amendment
10 to the FMP (63 FR 27481; May 19,
1998) added Maine ocean quahogs
(locally known as Maine mahogany
quahogs) to the management unit and
provided for a small artisanal fishery for
ocean quahogs in the waters north of
43°50′ N lat. The Maine ocean quahog
quota is allocated separately from the
quota for the ocean quahog fishery.
Regulations implementing Amendment
13 to the FMP (68 FR 69970; December
16, 2003) established the ability to
propose multi-year quotas with an
annual quota review to be conducted by
the Council to determine if the multiyear quota specifications remain
appropriate for each year. NMFS then
publishes the annual final quotas in the
Federal Register. The fishing quotas
must ensure overfishing will not occur.
In recommending these quotas, the
Council considered the most recent
stock assessments, conducted in June
2020, and other relevant scientific
information.
In August 2020, the Council voted to
maintain status quo quota levels of 5.36
million bushels (bu); 285 million Liters
(L) for the ocean quahog fishery, 3.40
million bu (181 million L) for the
Atlantic surfclam fishery, and 100,000
Maine bu (3.52 million L) for the Maine
ocean quahog fishery for 2021–2026.
The Council recommended that
specifications be set for 2021 and
proposed for years 2022–2026 to create
administrative efficiencies as a result of
the new stock assessment process,
which is expected to assess surfclam
and ocean quahog on a 4 and 6 year
cycle, respectively.
The regulations at 50 CFR 648.72(a)
allow for setting of sections for up to 3
years. Through this action, we would
only set 2021 specifications and include
the projected specifications for 2022–
2026 to inform the public. The Council
approved a regulatory change in the
Excessive Shares Amendment that
would allow us to set specifications for
the maximum number of years needed
to be consistent with the Northeast
Region Coordinating Council-approved
stock assessment schedule, which
currently anticipates assessments for
both stocks every 6 years. Although the
FMP currently authorizes specifications
to be set for multiple years, we are still
required to publish a final rule each
year to formally set the specifications
for the coming year. We expect the
timing change in the Amendment will
be implemented within the next year,
well before years 4 and 5 (fishing years
2025 and 2026) are finalized. However,
if for some reason the Amendment is
not approved, the Council would adopt
new specifications for 2025 and 2026.
The proposed and projected quotas
for the 2021–2026 Atlantic surfclam and
ocean quahog fishery are shown in
Tables 1 and 2.
TABLE 1—PROPOSED ATLANTIC SURFCLAM MEASURES 2021–2026
[2022–2026 Projected]
Allowable
biological
catch
(ABC)
(mt)
Year
Annual catch
limit
(ACL)
(mt)
Annual catch
target
(ACT)
(mt)
Commercial quota
Atlantic Surfclam
2021
2022
2023
2024
2025
2026
......................................................................
......................................................................
......................................................................
......................................................................
......................................................................
......................................................................
47,919
44,522
42,237
40,946
40,345
40,264
47,919
44,522
42,237
40,946
40,345
40,264
29,363
29,363
29,363
29,363
29,363
29,363
3.4
3.4
3.4
3.4
3.4
3.4
million
million
million
million
million
million
bushels
bushels
bushels
bushels
bushels
bushels
(181
(181
(181
(181
(181
(181
million
million
million
million
million
million
L).
L).
L).
L).
L).
L).
TABLE 2—PROPOSED OCEAN QUAHOG MEASURES 2021–2026
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[2022–2026 Projected]
Allowable
biological
catch
(ABC)
(mt)
Year
2021 ......................................................................
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Annual catch
limit
(ACL)
(mt)
44,031
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44,031
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Annual catch
target
(ACT)
(mt)
25,924
Commercial quota
Maine quota: 100,000 Maine bu (3.52
million L); Non-Maine quota: 5.36 million bu (285 million L).
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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Proposed Rules
TABLE 2—PROPOSED OCEAN QUAHOG MEASURES 2021–2026—Continued
[2022–2026 Projected]
Allowable
biological
catch
(ABC)
(mt)
Year
Annual catch
target
(ACT)
(mt)
2022 ......................................................................
44,072
44,072
25,924
2023 ......................................................................
44,082
44,082
25,924
2024 ......................................................................
44,065
44,065
25,924
2025 ......................................................................
44,020
44,020
25,924
2026 ......................................................................
43,948
43,948
25,924
The Atlantic surfclam and ocean
quahog quotas are specified in
‘‘industry’’ bushels of 1.88 cube feet (ft3)
(53.24 L) per bushel, while the Maine
ocean quahog quota is specified in
Maine bushels of 1.24 ft3 (35.24 L) per
bushel. Because Maine ocean quahogs
are the same species as ocean quahogs,
both fisheries are assessed under the
same overfishing definition. When the
two quota amounts (ocean quahog and
Maine ocean quahog) are added, the
total allowable harvest is below the
level that would result in overfishing for
the entire stock. The 2021–2026 quotas
are the same as those implemented in
the 2018–2020 specifications.
Surfclam
The proposed 2021–2026 status quo
surfclam quotas were developed after
reviewing the results of the management
track stock assessment for Atlantic
surfclam, conducted in June 2020. The
surfclam quota recommendation is
consistent with the assessment finding
that the Atlantic surfclam stock is not
overfished, and overfishing is not
occurring. Based on this information,
the Council is recommending, and we
are proposing, to maintain the status
quo surfclam quota of 3.40 million bu
(181 million L) for 2021–2026.
Ocean Quahog
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Annual catch
limit
(ACL)
(mt)
As with surfclams, the proposed
2021–2026 status quo ocean quahog
quotas were developed after reviewing
the results of the management track
stock assessment for ocean quahogs,
conducted in June 2020. The ocean
quahog quota is consistent with the
assessment finding that the ocean
quahog stock is not overfished, and
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overfishing is not occurring. Consistent
with the Council recommendation, we
are proposing the following for ocean
quahog. The proposed 2021–2026 nonMaine quota for ocean quahog is the
status quo quota of 5.36 million bu (285
million L). The 2021–2026 proposed
quota for Maine ocean quahogs is the
status quo level of 100,000 Maine bu
(3.52 million L), which represents the
maximum allowable quota under the
FMP.
Surfclam Minimum Size
In August 2020, the Council voted to
recommend that the minimum size limit
for surfclams continue to be suspended
for 2021. The minimum size limit has
been suspended annually since 2005.
Minimum size suspension may not be
taken unless discard, catch, and
biological sampling data indicate that 30
percent or more of the Atlantic surfclam
resource have a shell length less than
4.75 inches (120 millimeters (mm)), and
the overall reduced size is not
attributable to harvest from beds where
growth of the individual clams has been
reduced because of density-dependent
factors.
Commercial surfclam data for 2020
were analyzed to determine the
percentage of surfclams that were
smaller than the minimum size
requirement. The analysis indicated that
11 percent of the overall commercial
landings, to date, were composed of
surfclams that were less than the 4.75inch (120-mm) default minimum size.
Based on the information available, the
Regional Administrator concurs with
the Council’s recommendation, and is
proposing to suspend the minimum size
limit for Atlantic surfclams in the
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Sfmt 4702
Commercial quota
Maine quota: 100,000 Maine
million L); Non-Maine quota:
lion bu (285 million L).
Maine quota: 100,000 Maine
million L); Non-Maine quota:
lion bu (285 million L).
Maine quota: 100,000 Maine
million L); Non-Maine quota:
lion bu (285 million L).
Maine quota: 100,000 Maine
million L); Non-Maine quota:
lion bu (285 million L).
Maine quota: 100,000 Maine
million L); Non-Maine quota:
lion bu (285 million L).
bu (3.52
5.36 milbu (3.52
5.36 milbu (3.52
5.36 milbu (3.52
5.36 milbu (3.52
5.36 mil-
upcoming fishing year (January 1
through December 31, 2021).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this proposed rule is
consistent with the Atlantic Surfclam
and Ocean Quahog FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This action is exempt from review
under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
A complete description of the
specifications, why they are being
considered, and the legal basis for
proposing and implementing
specifications for the surfclam and
ocean quahog fisheries are contained in
the preamble to this proposed rule.
The measures proposed by this action
apply to surfclam and ocean quahog
allocation owners. These are the
individuals or entities that received
initial individual transferable quota
(ITQ) allocations (i.e., owners of record)
at the beginning of each fishing year.
There were 64 allocation owners of
record for surfclam and 33 for ocean
quahog in 2019.
Of the 64 initial surfclam allocation
owners of record for 2019, 19 were
categorized as ‘‘Commercial Fishing,’’
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with 100 percent of them classified as
small entities. Of the 9 allocation
owners that were categorized as ‘‘Fish
and Seafood Merchant Wholesalers,’’ 1
was classified as a small entity (11
percent) and 8 were classified as large
entities (89 percent). Eight allocations
owners were categorized as
‘‘Commercial Banking,’’ 1 was classified
as a small entity (12 percent), and 7
classified as large entities (88 percent).
Six allocations were categorized as
‘‘Credit Unions,’’ with 100 percent of
them classified as large entities. There
were also 5 allocations categorized as
‘‘Sector 92’’ (Public Administration
sector); therefore, small business size
standards are not applicable for these 5
allocation owners. Lastly, the
(SBA)classification for 17 surfclam
allocation owners was unknown.
Of the 33 initial ocean quahog
allocation owners of record for 2019, 14
were categorized as ‘‘Commercial
Fishing,’’ with 100 percent of them
classified as small entities. Of the six
allocation owners that were categorized
as ‘‘Fish and Seafood Merchant
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16:07 Feb 16, 2021
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Wholesalers,’’ two were classified as
small entities (33 percent) and 4 were
classified as large entities (67 percent).
One allocation owner was categorized as
‘‘Commercial Banking’’ and 1
categorized as ‘‘Credit Unions’’ with 100
percent of them classified as large
entities. The SBA classification for the
remaining allocations owners is
unknown.
The proposed quotas are status quo.
As a result, this action will have no
impacts on the way the fishery operates.
These measures are expected to provide
similar fishing opportunities when
compared to earlier years. Additionally,
the surfclam and ocean quahog
fisheries, including the Maine quahog
fishery, have harvested well below their
respective quota allocations for several
years. As such, revenue changes are not
expected in 2021–2026 when compared
to landings and revenues in 2019.
Therefore, adoption of the proposed
specifications is not expected to have
impacts on entities participating in the
fishery if landings are similar to those
that occurred in 2019.
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Maintaining the suspension of the
surfclam minimum shell length
requirement would result in no change
when compared to 2017–2020. The
minimum shell length requirement has
been suspended each year since 2005.
The proposed action would have no
impact on the way the fishery operates,
and is not expected to
disproportionately affect small entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 8, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–02984 Filed 2–16–21; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Proposed Rules]
[Pages 9901-9904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02984]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210208-0016; RTID 0648-XX065]
Fisheries of the Northeastern United States; Atlantic Surfclam
and Ocean Quahog Fisheries; Proposed 2021-2026 Fishing Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes status quo commercial quotas for the Atlantic
surfclam and ocean quahog fisheries for 2021 and projected status quo
quotas for 2022-2026. This action is necessary to establish allowable
harvest levels of Atlantic surfclams and ocean quahogs that will
prevent overfishing and allow harvesting of optimum yield. This action
would also continue to suspend the minimum shell size for Atlantic
surfclams for the 2021 fishing year. The intended effect of this action
is to provide benefit to the industry from stable quotas to maintain a
consistent market.
DATES: Comments must be received by March 4, 2021.
ADDRESSES: An Environmental Assessment (EA) was prepared for the
surfclam and ocean quahog specifications. Copies of the EA are
available on request from Dr. Christopher M. Moore, Executive Director,
Mid-Atlantic Fishery Management Council, Suite 201, 800 North State
Street, Dover, DE 19901. These documents are also accessible via the
internet at https://www.mafmc.org.
You may submit comments on this document, identified by NOAA-NMFS-
2020-0152, by the following method:
[[Page 9902]]
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0152,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). If you are unable to submit your comment through
www.regulations.gov, contact Laura Hansen, Fishery Management
Specialist.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, 978-281-9225.
SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP) requires that NMFS, in consultation with
the Mid-Atlantic Fishery Management Council, set quotas for surfclam
and ocean quahog for up to a 3-year period. It is the policy of the
Council that the catch limit allow for sustainable fishing to continue
at that level for at least 10 years for surfclams, and 30 years for
ocean quahogs. The Council policy also considers the economic impact of
the quotas. Regulations implementing Amendment 10 to the FMP (63 FR
27481; May 19, 1998) added Maine ocean quahogs (locally known as Maine
mahogany quahogs) to the management unit and provided for a small
artisanal fishery for ocean quahogs in the waters north of 43[deg]50' N
lat. The Maine ocean quahog quota is allocated separately from the
quota for the ocean quahog fishery. Regulations implementing Amendment
13 to the FMP (68 FR 69970; December 16, 2003) established the ability
to propose multi-year quotas with an annual quota review to be
conducted by the Council to determine if the multi-year quota
specifications remain appropriate for each year. NMFS then publishes
the annual final quotas in the Federal Register. The fishing quotas
must ensure overfishing will not occur. In recommending these quotas,
the Council considered the most recent stock assessments, conducted in
June 2020, and other relevant scientific information.
In August 2020, the Council voted to maintain status quo quota
levels of 5.36 million bushels (bu); 285 million Liters (L) for the
ocean quahog fishery, 3.40 million bu (181 million L) for the Atlantic
surfclam fishery, and 100,000 Maine bu (3.52 million L) for the Maine
ocean quahog fishery for 2021-2026. The Council recommended that
specifications be set for 2021 and proposed for years 2022-2026 to
create administrative efficiencies as a result of the new stock
assessment process, which is expected to assess surfclam and ocean
quahog on a 4 and 6 year cycle, respectively.
The regulations at 50 CFR 648.72(a) allow for setting of sections
for up to 3 years. Through this action, we would only set 2021
specifications and include the projected specifications for 2022-2026
to inform the public. The Council approved a regulatory change in the
Excessive Shares Amendment that would allow us to set specifications
for the maximum number of years needed to be consistent with the
Northeast Region Coordinating Council-approved stock assessment
schedule, which currently anticipates assessments for both stocks every
6 years. Although the FMP currently authorizes specifications to be set
for multiple years, we are still required to publish a final rule each
year to formally set the specifications for the coming year. We expect
the timing change in the Amendment will be implemented within the next
year, well before years 4 and 5 (fishing years 2025 and 2026) are
finalized. However, if for some reason the Amendment is not approved,
the Council would adopt new specifications for 2025 and 2026.
The proposed and projected quotas for the 2021-2026 Atlantic
surfclam and ocean quahog fishery are shown in Tables 1 and 2.
Table 1--Proposed Atlantic Surfclam Measures 2021-2026
[2022-2026 Projected]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allowable
biological Annual catch Annual catch
Year catch (ABC) limit (ACL) target (ACT) Commercial quota
(mt) (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic Surfclam
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021.................................... 47,919 47,919 29,363 3.4 million bushels (181 million L).
2022.................................... 44,522 44,522 29,363 3.4 million bushels (181 million L).
2023.................................... 42,237 42,237 29,363 3.4 million bushels (181 million L).
2024.................................... 40,946 40,946 29,363 3.4 million bushels (181 million L).
2025.................................... 40,345 40,345 29,363 3.4 million bushels (181 million L).
2026.................................... 40,264 40,264 29,363 3.4 million bushels (181 million L).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Proposed Ocean Quahog Measures 2021-2026
[2022-2026 Projected]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allowable
biological Annual catch Annual catch
Year catch (ABC) limit (ACL) target (ACT) Commercial quota
(mt) (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021.................................... 44,031 44,031 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
[[Page 9903]]
2022.................................... 44,072 44,072 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
2023.................................... 44,082 44,082 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
2024.................................... 44,065 44,065 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
2025.................................... 44,020 44,020 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
2026.................................... 43,948 43,948 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine
quota: 5.36 million bu (285 million L).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Atlantic surfclam and ocean quahog quotas are specified in
``industry'' bushels of 1.88 cube feet (ft\3\) (53.24 L) per bushel,
while the Maine ocean quahog quota is specified in Maine bushels of
1.24 ft\3\ (35.24 L) per bushel. Because Maine ocean quahogs are the
same species as ocean quahogs, both fisheries are assessed under the
same overfishing definition. When the two quota amounts (ocean quahog
and Maine ocean quahog) are added, the total allowable harvest is below
the level that would result in overfishing for the entire stock. The
2021-2026 quotas are the same as those implemented in the 2018-2020
specifications.
Surfclam
The proposed 2021-2026 status quo surfclam quotas were developed
after reviewing the results of the management track stock assessment
for Atlantic surfclam, conducted in June 2020. The surfclam quota
recommendation is consistent with the assessment finding that the
Atlantic surfclam stock is not overfished, and overfishing is not
occurring. Based on this information, the Council is recommending, and
we are proposing, to maintain the status quo surfclam quota of 3.40
million bu (181 million L) for 2021-2026.
Ocean Quahog
As with surfclams, the proposed 2021-2026 status quo ocean quahog
quotas were developed after reviewing the results of the management
track stock assessment for ocean quahogs, conducted in June 2020. The
ocean quahog quota is consistent with the assessment finding that the
ocean quahog stock is not overfished, and overfishing is not occurring.
Consistent with the Council recommendation, we are proposing the
following for ocean quahog. The proposed 2021-2026 non-Maine quota for
ocean quahog is the status quo quota of 5.36 million bu (285 million
L). The 2021-2026 proposed quota for Maine ocean quahogs is the status
quo level of 100,000 Maine bu (3.52 million L), which represents the
maximum allowable quota under the FMP.
Surfclam Minimum Size
In August 2020, the Council voted to recommend that the minimum
size limit for surfclams continue to be suspended for 2021. The minimum
size limit has been suspended annually since 2005. Minimum size
suspension may not be taken unless discard, catch, and biological
sampling data indicate that 30 percent or more of the Atlantic surfclam
resource have a shell length less than 4.75 inches (120 millimeters
(mm)), and the overall reduced size is not attributable to harvest from
beds where growth of the individual clams has been reduced because of
density-dependent factors.
Commercial surfclam data for 2020 were analyzed to determine the
percentage of surfclams that were smaller than the minimum size
requirement. The analysis indicated that 11 percent of the overall
commercial landings, to date, were composed of surfclams that were less
than the 4.75-inch (120-mm) default minimum size. Based on the
information available, the Regional Administrator concurs with the
Council's recommendation, and is proposing to suspend the minimum size
limit for Atlantic surfclams in the upcoming fishing year (January 1
through December 31, 2021).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
This action is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
A complete description of the specifications, why they are being
considered, and the legal basis for proposing and implementing
specifications for the surfclam and ocean quahog fisheries are
contained in the preamble to this proposed rule.
The measures proposed by this action apply to surfclam and ocean
quahog allocation owners. These are the individuals or entities that
received initial individual transferable quota (ITQ) allocations (i.e.,
owners of record) at the beginning of each fishing year. There were 64
allocation owners of record for surfclam and 33 for ocean quahog in
2019.
Of the 64 initial surfclam allocation owners of record for 2019, 19
were categorized as ``Commercial Fishing,''
[[Page 9904]]
with 100 percent of them classified as small entities. Of the 9
allocation owners that were categorized as ``Fish and Seafood Merchant
Wholesalers,'' 1 was classified as a small entity (11 percent) and 8
were classified as large entities (89 percent). Eight allocations
owners were categorized as ``Commercial Banking,'' 1 was classified as
a small entity (12 percent), and 7 classified as large entities (88
percent). Six allocations were categorized as ``Credit Unions,'' with
100 percent of them classified as large entities. There were also 5
allocations categorized as ``Sector 92'' (Public Administration
sector); therefore, small business size standards are not applicable
for these 5 allocation owners. Lastly, the (SBA)classification for 17
surfclam allocation owners was unknown.
Of the 33 initial ocean quahog allocation owners of record for
2019, 14 were categorized as ``Commercial Fishing,'' with 100 percent
of them classified as small entities. Of the six allocation owners that
were categorized as ``Fish and Seafood Merchant Wholesalers,'' two were
classified as small entities (33 percent) and 4 were classified as
large entities (67 percent). One allocation owner was categorized as
``Commercial Banking'' and 1 categorized as ``Credit Unions'' with 100
percent of them classified as large entities. The SBA classification
for the remaining allocations owners is unknown.
The proposed quotas are status quo. As a result, this action will
have no impacts on the way the fishery operates. These measures are
expected to provide similar fishing opportunities when compared to
earlier years. Additionally, the surfclam and ocean quahog fisheries,
including the Maine quahog fishery, have harvested well below their
respective quota allocations for several years. As such, revenue
changes are not expected in 2021-2026 when compared to landings and
revenues in 2019. Therefore, adoption of the proposed specifications is
not expected to have impacts on entities participating in the fishery
if landings are similar to those that occurred in 2019.
Maintaining the suspension of the surfclam minimum shell length
requirement would result in no change when compared to 2017-2020. The
minimum shell length requirement has been suspended each year since
2005. The proposed action would have no impact on the way the fishery
operates, and is not expected to disproportionately affect small
entities. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 8, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-02984 Filed 2-16-21; 8:45 am]
BILLING CODE 3510-22-P
